100-106
ELECTIONS CODE
SECTION 100-106
100. Notwithstanding any other provision of law, whenever any
initiative, referendum, recall, nominating petition or paper, or any
other petition or paper, is required to be signed by voters of any
county, city, school district, or special district subject to
petitioning, only a person who is an eligible registered voter at the
time of signing the petition or paper is entitled to sign it. Each
signer shall at the time of signing the petition or paper personally
affix his or her signature, printed name, and place of residence,
giving street and number, and if no street or number exists, then a
designation of the place of residence which will enable the location
to be readily ascertained. A space at least one inch wide shall be
left blank after each name for the use of the elections official in
verifying the petition or paper. The part of a petition for the
voters' signatures, printed names, and residence addresses and for
the blank spaces for verification purposes shall be numbered
consecutively commencing with the number one and continuing through
the number of signature spaces allotted to each section. The petition
format shall be substantially in the following form:
Official
Use
Only
---------------------------------------------------
| (Residence |
| (Print Name) Address |
|1. __________________ ONLY) |
| (Signature) ____________________ |
| (City) |
| |
| (Residence |
| Address |
| (Print Name) ONLY) |
|2. __________________ ____________________ |
| (Signature) (City) |
---------------------------------------------------
100. (a) Notwithstanding any other provision of law, whenever an
initiative, referendum, recall, nominating petition or paper, or any
other petition or paper, is required to be signed by voters of a
county, city, school district, or special district subject to
petitioning, only a person who is an eligible registered voter at the
time of signing the petition or paper is entitled to sign the
petition or paper. A person who submits his or her affidavit of
registration pursuant to subdivision (d) of Section 2102 is not
eligible to sign a petition or paper unless at the time of the
signing of the petition or paper he or she is 18 years of age.
(b) A signer shall at the time of signing the petition or paper
personally affix his or her signature, printed name, and place of
residence, including the street and number of the place of residence,
and if no street or number for the place of residence exists, then a
designation of the place of residence that will enable the location
to be readily ascertained. A space at least one inch wide shall be
left blank after each name for the use of the elections official in
verifying the petition or paper.
(c) The part of a petition for the signatures, printed names, and
residence addresses of the voters and for the blank spaces for
verification purposes shall be numbered consecutively commencing with
the number one and continuing through the number of signature spaces
allotted to each section. The petition format shall be substantially
in the following form:
Official
Use
Only
+------------------+------------------+------------+
| (Print | (Residence | |
| Name) | Address | |
|1. _______________| ONLY) | |
| (Signature) |__________________| |
| | (City) | |
+------------------+------------------+------------+
| | (Residence | |
| (Print | Address | |
| Name) | ONLY) | |
|2. _______________|__________________| |
| (Signature) | (City) | |
+------------------+------------------+------------+
100.5. Notwithstanding Section 100, a voter who is unable to
personally affix on a petition or paper the information required by
Section 100 may request another person to print the voter's name and
place of residence on the appropriate spaces of the petition or
paper, but the voter shall personally affix his or her mark or
signature on the appropriate space of the petition or paper, which
shall be witnessed by one person by subscribing his or her name
thereon.
101. Notwithstanding any other provision of law, any state or local
initiative petition required to be signed by voters shall contain in
12-point type, prior to that portion of the petition for voters'
signatures, printed names, and residence addresses, the following
language:
"NOTICE TO THE PUBLIC
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER. YOU HAVE THE RIGHT TO ASK."
102. A person who is a voter or who is qualified to register to
vote in this state may circulate an initiative or referendum petition
in accordance with this code. A person who is a voter may circulate
a recall petition in accordance with this code.
103. A voter who has signed an initiative, referendum, or recall
petition pursuant to the Constitution or laws of this state shall
have his or her signature withdrawn from the petition upon filing a
written request therefor with the appropriate county elections
official or city elections official prior to the day the petition is
filed. A written request made under this section shall not constitute
a petition or paper for purposes of Section 104.
104. (a) Wherever any petition or paper is submitted to the
elections official, each section of the petition or paper shall have
attached to it a declaration signed by the circulator of the petition
or paper, setting forth, in the circulator's own hand, the
following:
(1) The printed name of the circulator.
(2) The residence address of the circulator, giving street and
number, or if no street or number exists, adequate designation of
residence so that the location may be readily ascertained.
(3) The dates between which all the signatures to the petition or
paper were obtained.
(b) Each declaration submitted pursuant to this section shall also
set forth the following:
(1) That the circulator circulated that section and witnessed the
appended signatures being written.
(2) That according to the best information and belief of the
circulator, each signature is the genuine signature of the person
whose name it purports to be.
(c) The circulator shall certify to the content of the declaration
as to its truth and correctness, under penalty of perjury under the
laws of the State of California, with the signature of his or her
name at length, including given name, middle name or initial, or
initial and middle name. The circulator shall state the date and the
place of execution on the declaration immediately preceding his or
her signature.
105. For purposes of verifying signatures on any initiative,
referendum, recall, nomination, or other election petition or paper,
the elections official shall determine that the residence address on
the petition or paper is the same as the residence address on the
affidavit of registration. If the addresses are different, or if the
petition or paper does not specify the residence address, or, in the
case of an initiative or referendum petition, if the information
specified in Section 9020 is not contained in the petition, the
affected signature shall not be counted as valid.
Any signature invalidated pursuant to this section shall not
affect the validity of other valid signatures on the particular
petition or paper.
106. Notwithstanding any other provision of law:
(a) Any registered voter who is a candidate for any office may
obtain signatures to and sign his or her own nomination papers. The
candidate's signature shall be given the same effect as that of any
other qualified signer.
(b) Any person engaged in obtaining signatures to the nomination
papers of a candidate for any office or to any recall, initiative or
referendum petition, may, if otherwise qualified to sign the papers
or petition, sign the papers or petition. The signature of the person
shall be given the same effect as that of any other qualified
signer.